Western Union Telegraph Co. v. Reid
Court of Appeals of Kentucky
Case 30. — ACTION BY JOB A. REID AGAINST THE WESTERN UNION TELEGRAPH CO. FOR NEGLIGENCE IN FAILING TO DELIVER A TELEGRAM. Appeal from Calloway Circuit Court. Thos. P. Cook, Circuit Judge. Judgment for plaintiff. Defendant appeals. 1. Damages for mental anguish occasioned by reason of witnessing the pain and suffering of another are too remote'to be recovered. Chapman v. W. U. Tel.
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Case 30. — ACTION BY JOB A. REID AGAINST THE WESTERN UNION TELEGRAPH CO. FOR NEGLIGENCE IN FAILING TO DELIVER A TELEGRAM. Appeal from Calloway Circuit Court. Thos. P. Cook, Circuit Judge. Judgment for plaintiff. Defendant appeals. 1. Damages for mental anguish occasioned by reason of witnessing the pain and suffering of another are too remote'to be recovered. Chapman v. W. U. Tel. Co., 90 Ky., 265, is in conflict with the recent decisions of this court, and so much thereof as allows a recovery for mental anguish, unaccompanied by physicial injury, should be overruled. AUTHORITIES CITED.…
1Opinion of the Court
*234Opinion by
Chief Justice Hobson.
Reversing.
Appellee, Jobe A. Reid, resides near Dexter, in Calloway county. On the morning of July 29, 1903, between 7 and 8 o’clock, Ms little son, Cecil, about 15 months old, was taken violently sick with some affection of Ms bladder. Dr. Clayton, a physician at Dexter, was called in, and found that the child was suffering with suppressed urine. He tried to relieve the child by inserting a catheter and by local applications, but failed. About 10 o’clock Dr. Covington, another, physician, was called, who also failed to relieve the child. The two doctors then…
2Cases cited6 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Black v. Carrollton RailroadSupreme Court of Louisiana · 1855
- Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
- Gulf, Colorado & Santa Fe Railway Co. v. RichardsonTexas Supreme Court · 1891
- Western Union Telegraph Co. v. StratemeierIndiana Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Western Union Telg. Co. v. GloverCourt of Appeals of Kentucky · 1910
- Western Union Telegraph Co. v. PottsTennessee Supreme Court · 1907
- Western Union Telegraph Co. v. HollingsworthSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. MelvinCourt of Appeals of Kentucky · 1917
- Bagby v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1915